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(a) specified in a notice of entry, or | |
(b) in respect of which a payment into court has been made, | |
the authority is deemed, for the purposes of subsection (3)(a), to have | |
entered on and taken possession of the whole of that land on that date. | |
(6) Subsection (5) also applies for the purposes of calculating interest | 5 |
under the following enactments— | |
(a) section 11(1) of the Compulsory Purchase Act 1965; | |
(b) paragraph 3 of Schedule 3 to that Act; | |
(c) section 85 of the Lands Clauses Consolidation Act 1845; | |
(d) section 52A of the Land Compensation Act 1973, | 10 |
and references there to the date or time of entry are to be construed | |
accordingly. | |
(7) An assessment by the Lands Tribunal is treated as being made on the | |
date certified by the Tribunal as— | |
(a) the last hearing date before it makes its determination, or | 15 |
(b) in a case to be determined without an oral hearing, the last date | |
for making written submissions before it makes its | |
determination. | |
(8) Nothing in this section affects— | |
(a) any express provision in any other enactment which requires | 20 |
the valuation of land subject to compulsory acquisition to be | |
made at a particular date; | |
(b) the valuation of land for purposes other than the compulsory | |
acquisition of that land (even if the valuation is to be made in | |
accordance with the rules in section 5). | 25 |
(9) In this section— | |
(a) a notice of entry is a notice under section 11(1) of the | |
Compulsory Purchase Act 1965; | |
(b) a payment into court is a payment into court under Schedule 3 | |
to that Act or under section 85 of the Lands Clauses | 30 |
Consolidation Act 1845.” | |
Information | |
99 Power to require information | |
(1) The Acquisition of Land Act 1981 (c. 67) is amended as follows. | |
(2) After section 5 (local inquiries) there is inserted— | 35 |
“5A Power to require information | |
(1) This section applies to information about land in relation to which an | |
acquiring authority is entitled to exercise a power of compulsory | |
purchase. | |
(2) The acquiring authority may serve a notice on a person mentioned in | 40 |
subsection (4) requiring him to give to the authority in writing the | |
following information— | |
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(a) the name and address of any person he believes to be an owner, | |
lessee, tenant (whatever the tenancy period) or occupier of the | |
land, | |
(b) the name and address of any person he believes to have an | |
interest in the land. | 5 |
(3) The power in subsection (2) is exercisable for the purpose of enabling | |
the acquiring authority to acquire the land. | |
(4) The persons are— | |
(a) the occupier of the land, | |
(b) any person who has an interest in the land either as freeholder, | 10 |
mortgagee or lessee, | |
(c) any person who directly or indirectly receives rent for the land, | |
(d) any person who, in pursuance of an agreement between himself | |
and a person interested in the land, is authorised to manage the | |
land or to arrange for the letting of it. | 15 |
(5) The notice must specify the period within which the information must | |
be given to the acquiring authority (being a period of not less than 14 | |
days beginning with the day on which the notice is served). | |
(6) The notice must also specify or describe— | |
(a) the land, | 20 |
(b) the compulsory purchase power, and | |
(c) the enactment which confers the power. | |
(7) The notice must be in writing. | |
(8) Section 6(4) does not apply to notices to be served under this section. | |
5B Offences relating to information | 25 |
(1) A person commits an offence if he fails without reasonable excuse to | |
comply with a notice served on him under section 5A. | |
(2) A person commits an offence if, in response to a notice served on him | |
under section 5A— | |
(a) he gives information which is false in a material particular, and | 30 |
(b) when he does so, he knows or ought reasonably to know that | |
the information is false. | |
(3) If an offence under this section committed by a body corporate is | |
proved to have been committed with the consent or connivance of, or | |
to be attributable to any neglect on the part of— | 35 |
(a) a director, manager, secretary or other similar officer of the | |
body corporate, or | |
(b) a person purporting to act in any such capacity, | |
he, as well as the body corporate, is guilty of that offence and liable to | |
be proceeded against accordingly. | 40 |
(4) The reference in subsection (3) to a director must be construed in | |
accordance with section 331(2) of the Town and Country Planning Act | |
1990. | |
(5) A person guilty of an offence under this section is liable on summary | |
conviction to a fine not exceeding level 5 on the standard scale.” | 45 |
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Loss payments | |
100 Basic loss payment | |
(1) After section 33 of the Land Compensation Act 1973 (c. 26) (home loss | |
payments for certain caravan dwellers) there is inserted the following | |
section— | 5 |
“Other loss payments | |
33A Basic loss payment | |
(1) This section applies to a person— | |
(a) if he has a qualifying interest in land, | |
(b) if the interest is acquired compulsorily, and | 10 |
(c) to the extent that he is not entitled to a home loss payment in | |
respect of any part of the interest. | |
(2) A person to whom this section applies is entitled to payment of | |
whichever is the lower of the following amounts— | |
(a) 7.5% of the value of his interest; | 15 |
(b) £75,000. | |
(3) A payment under this section must be made by the acquiring authority. | |
(4) An interest in land is a qualifying interest if it is a freehold interest or | |
an interest as tenant and (in either case) it subsists for a period of not | |
less than one year ending with whichever is the earliest of— | 20 |
(a) the date on which the acquiring authority takes possession of | |
the land under section 11 of the Compulsory Purchase Act 1965 | |
(entry to take possession of land); | |
(b) the date on which the acquiring authority enters the land if it | |
proceeds under Schedule 3 to that Act; | 25 |
(c) the vesting date (within the meaning of the Compulsory | |
Purchase (Vesting Declarations) Act 1981) if a declaration is | |
made under section 4 of that Act (general vesting declaration); | |
(d) the date on which compensation is agreed between the person | |
and the acquiring authority; | 30 |
(e) the date on which the amount of compensation is determined | |
by the Lands Tribunal. | |
(5) The compulsory acquisition of an interest in land includes acquisition | |
of the interest in consequence of the service of— | |
(a) a purchase notice under section 137 of the Town and Country | 35 |
Planning Act 1990 (right to require purchase of certain | |
interests); | |
(b) a notice under section 150 of that Act (purchase of blighted | |
land). | |
(6) The value of an interest is its value for the purpose of deciding the | 40 |
amount of compensation payable in respect of the acquisition; but this | |
is subject to subsections (7) and (8). | |
(7) If an interest consists partly of a dwelling in respect of which the person | |
is entitled to a home loss payment the value of the interest is the value | |
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of the whole interest less the value of so much of the interest as is | |
represented by the dwelling. | |
(8) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent | |
reinstatement) applies for the purpose of assessing the amount of | |
compensation the value of the interest is nil.” | 5 |
(2) Section 33A of the Land Compensation Act 1973 (c. 26) (as inserted by | |
subsection (1) above) does not apply in relation to a pre-commencement | |
acquisition of an interest in land. | |
(3) A pre-commencement acquisition of an interest in land is any of the | |
following— | 10 |
(a) acquisition by means of a compulsory purchase order if the order is | |
made or made in draft before the commencement of this section; | |
(b) acquisition by means of an order made under section 1 or 3 of the | |
Transport and Works Act 1992 (c. 42) (orders relating to certain | |
transport works) if the application for the order was made to the | 15 |
Secretary of State before the commencement of this section; | |
(c) acquisition by means of an order under section 1 or 3 of that Act if the | |
order is made in pursuance of section 7 of that Act (orders made | |
without application) and the order is made in draft before the | |
commencement of this section; | 20 |
(d) acquisition by means of a power contained in an enactment (including | |
a private or local Act) to acquire compulsorily specified land or a | |
specified interest in land if the Bill providing for the power is | |
introduced into Parliament before the commencement of this section. | |
101 Occupier’s loss payment | 25 |
(1) After section 33A of the Land Compensation Act 1973 (inserted by section 100 | |
of this Act) there are inserted the following sections— | |
“33B Occupier’s loss payment: agricultural land | |
(1) This section applies to a person if— | |
(a) he has a qualifying interest in land for the purposes of section | 30 |
33A, | |
(b) the land is agricultural land, | |
(c) the interest is acquired compulsorily, and | |
(d) he occupied the land for the period specified in section 33A(4). | |
(2) A person to whom this section applies is entitled to a payment of | 35 |
whichever is the greatest of the following amounts— | |
(a) 2.5% of the value of his interest; | |
(b) the land amount; | |
(c) the buildings amount. | |
(3) But the maximum amount which may be paid to a person under this | 40 |
section in respect of an interest in land is £25,000. | |
(4) A payment under this section must be made by the acquiring authority. | |
(5) The value of an interest is its value for the purpose of deciding the | |
amount of compensation payable in respect of the acquisition; but this | |
is subject to subsections (6) and (7). | 45 |
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(6) If an interest consists partly of a dwelling in respect of which the person | |
is entitled to a home loss payment the value of the interest is the value | |
of the whole interest less the value of so much of the interest as is | |
represented by the dwelling. | |
(7) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent | 5 |
reinstatement) applies for the purpose of assessing the amount of | |
compensation the value of the interest is nil. | |
(8) The land amount is the greater of £300 and the amount found in | |
accordance with the following Table— | |
| Area of the land | Amount per hectare | | 10 | | Not exceeding 100 hectares | £100 per hectare or part of | | | | | a hectare | | | | Exceeding 100 hectares | (a) £100 per hectare | | | | | for the first 100 | | | | | hectares; | | 15 | | | (b) £50 per hectare for | | | | | the next 300 | | | | | hectares or part of | | | | | a hectare. | | |
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(9) The buildings amount is £25 per square metre (or part of a square | 20 |
metre) of the gross floor space of any buildings on the land. | |
(10) The gross floor space must be measured externally. | |
33C Occupier’s loss payment: other land | |
(1) This section applies to a person if— | |
(a) he has a qualifying interest in land for the purposes of section | 25 |
33A, | |
(b) the land is not agricultural land, | |
(c) the interest is acquired compulsorily, and | |
(d) he occupied the land for the period specified in section 33A(4). | |
(2) A person to whom this section applies is entitled to a payment of | 30 |
whichever is the greatest of the following amounts— | |
(a) 2.5% of the value of his interest; | |
(b) the land amount; | |
(c) the buildings amount. | |
(3) But the maximum amount which may be paid to a person under this | 35 |
section in respect of an interest in land is £25,000. | |
(4) A payment under this section must be made by the acquiring authority. | |
(5) The value of an interest is its value for the purpose of deciding the | |
amount of compensation payable in respect of the acquisition; but this | |
is subject to subsections (6) and (7). | 40 |
(6) If an interest consists partly of a dwelling in respect of which the person | |
is entitled to a home loss payment the value of the interest is the value | |
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of the whole interest less the value of so much of the interest as is | |
represented by the dwelling. | |
(7) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent | |
reinstatement) applies for the purpose of assessing the amount of | |
compensation the value of the interest is nil. | 5 |
(8) The land amount is the greater of— | |
(a) £2,500; | |
(b) £2.50 per square metre (or part of a square metre) of the area of | |
the land. | |
(9) But if only part of land in which a person has an interest is acquired, for | 10 |
the figure specified in subsection (8)(a) there is substituted £300. | |
(10) The buildings amount is £25 per square metre (or part of a square | |
metre) of the gross floor space of any buildings on the land. | |
(11) The gross floor space must be measured externally.” | |
(2) Sections 33B and 33C of the Land Compensation Act 1973 (c. 26) (as inserted by | 15 |
subsection (1) above) do not apply in relation to a pre-commencement | |
acquisition of an interest in land. | |
(3) A pre-commencement acquisition of an interest in land is any of the | |
following— | |
(a) acquisition by means of a compulsory purchase order if the order is | 20 |
made or made in draft before the commencement of this section; | |
(b) acquisition by means of an order made under section 1 or 3 of the | |
Transport and Works Act 1992 (c. 42) (orders relating to certain | |
transport works) if the application for the order was made to the | |
Secretary of State before the commencement of this section; | 25 |
(c) acquisition by means of an order under section 1 or 3 of that Act if the | |
order is made in pursuance of section 7 of that Act (orders made | |
without application) and the order is made in draft before the | |
commencement of this section; | |
(d) acquisition by means of a power contained in an enactment (including | 30 |
a private or local Act) to acquire compulsorily specified land or a | |
specified interest in land if the Bill providing for the power is | |
introduced into Parliament before the commencement of this section. | |
102 Loss payments: exclusions | |
(1) After section 33C of the Land Compensation Act 1973 (c. 26) (inserted by | 35 |
section 101 of this Act) there is inserted the following section— | |
“33D Loss payments: exclusions | |
(1) This section applies to a person if— | |
(a) he is a person to whom section 33A, 33B or 33C applies, | |
(b) a notice falling within subsection (4) has been served on him in | 40 |
relation to the land mentioned in that section, | |
(c) at the relevant time the notice has effect or is operative, and | |
(d) he has failed to comply with any requirement of the notice. | |
(2) This section also applies to a person if— | |
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(a) he is a person to whom section 33A, 33B or 33C applies, | |
(b) a copy of an order falling within subsection (5) has been served | |
on him in relation to the land mentioned in that section, and | |
(c) the order has not been quashed on appeal. | |
(3) No payment may be made under section 33A, 33B or 33C to a person to | 5 |
whom this section applies. | |
(4) These are the notices— | |
(a) notice under section 215 of the Town and Country Planning Act | |
1990 (power to require proper maintenance of land); | |
(b) notice under section 189 of the Housing Act 1985 (requirement | 10 |
to repair dwelling etc. unfit for human habitation); | |
(c) notice under section 190 of that Act (requirement to repair | |
dwelling etc. in state of disrepair); | |
(d) notice under section 48 of the Planning (Listed Buildings and | |
Conservation Areas) Act 1990 (repairs notice prior to | 15 |
compulsory notice of acquisition of listed building). | |
(5) These are the orders— | |
(a) an order under section 264 of the Housing Act 1985 (closure of | |
dwelling etc. unfit for human habitation); | |
(b) an order under section 265 of that Act (demolition of dwelling | 20 |
etc. unfit for human habitation). | |
(6) The relevant time is the time at which the compulsory purchase order | |
in relation to the person’s interest in the land— | |
(a) is confirmed, in the case of an order falling within section 2(2) of | |
the Acquisition of Land Act 1981 (procedure for authorisation); | 25 |
(b) is made, in the case of an order falling within section 2(3) of that | |
Act. | |
(7) The Secretary of State may by regulations amend subsections (4) and | |
(5).” | |
(2) Section 33D of the Land Compensation Act 1973 (c. 26) (as inserted by | 30 |
subsection (1) above) does not apply in relation to a notice or order specified in | |
subsection (4) or (5) of that section if the notice or copy of the order was served | |
on a person to whom that section applies before the commencement of this | |
section. | |
103 Loss payments: supplementary | 35 |
After section 33D of the Land Compensation Act 1973 (inserted by section 102 | |
of this Act) there are inserted the following sections— | |
“33E Claims | |
(1) This section applies for the purposes of sections 33A to 33C. | |
(2) A claim for payment must be made in writing to the acquiring | 40 |
authority. | |
(3) The claim must give such particulars as the authority may reasonably | |
require for the purpose of deciding— | |
(a) whether a payment is to be made; | |
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